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Defense bill contains gay-related provisions

Expanded conscience protections; sodomy ban repealed in military code

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United States Capitol Building, dome, gay news, Washington Blade
United States Capitol Building, dome, gay news, Washington Blade

The defense authorization passed by Congress includes gay-related provisions. (Washington Blade file photo by Michael Key)

The U.S. Congress passed major defense budget legislation on Thursday that includes provisions related to the LGBT community — both good and bad — in the aftermath of “Don’t Ask, Don’t Tell.”

The fiscal year 2014 defense authorization bill contains an expansion of the conscience protections for service members under current law, but also repeals the sodomy ban under military law and calls for a report on HIV policy within the U.S. military.

The Senate approved late Thursday by a vote of 84-15 a $630 billion version of the bill, which primarily reauthorizes pay for troops and funding for military programs. The House already approved the legislation, so it’s heading to President Obama’s desk.

Sen. Carl Levin (D-Mich.), the retiring chair of the Senate Armed Services Committee, issued a statement upon passage of the legislation praising the bipartisan nature of its approval.

“Tonight we passed legislation that is good for our national security, and for the men and women who protect us and their families,” Levin said. “The Senate vote is a strong bipartisan statement that, despite our differences, we can come together and accomplish important business for the good of the country.”

Under Section 532, the legislation contains an expansion of the conscience provision that was enacted as part of last year’s defense authorization bill. Under this provision, the armed services shall accommodate service members’ expression of their beliefs — unless it would have an adverse impact on military readiness or good order and discipline.

The language was inserted by Sen. Mike Lee (R-Utah) during the Senate Armed Services Committee markup of the fiscal year 2014 defense authorization. It’s along the lines of a conscience amendment submitted by Rep. Mike Fleming (R-La.) during the House Armed Services Committee markup of its version of the bill, but not quite as strong. LGBT advocates decried the House version of the amendment as a means to enable service members to discriminate and harass their gay colleagues.

A related provision, Section 533, instructs the Inspector General of the Department of Defense to submit a report to Congress no longer than 18 months after the bill is signed into law on incidents of adverse personnel actions or discrimination against troops based on their moral beliefs.

Tony Perkins, president of the anti-gay Family Research Council, praised Congress in a statement over inclusion of the provision, which he said is a means for “protecting the right of service members to freely practice and express their faith.”

“Congress acted appropriately after investigating numerous incidents involving service members who have had their careers threatened, and harassed simply for practicing their faith in a real and tangible way,” Perkins said. “The religious liberty violations have grown so frequent in recent years leading many service members to report being too fearful to share their faith.”

After the enactment of the earlier conscience provision under the previous defense authorization bill, Obama said the Pentagon assured him the language wouldn’t change how the armed forces operated. The Defense Department didn’t respond to the Washington Blade’s request for comment on how implementation will work this time around.

Ian Thompson, legislative representative of the American Civil Liberties Union, said the inclusion of the conscience provision in the defense authorization bill was unnecessary.

“The ACLU believes that the Constitution and existing laws and regulations already offer all members of the Armed Forces, including chaplains, strong protections for their religious beliefs,” Thompson said.

Fred Sainz, the Human Rights Campaign’s vice president of communications, expressed a similar sentiment that the provision is unnecessary because service members’ religious views are already protected under current policy.

“Although this amendment is unnecessary, Congress dropped a different version adopted by the House of Representatives that would have been truly harmful, requiring the military to accommodate beliefs, actions, and speech of service members unless the armed forces could prove ‘actual harm’ to good order and discipline,” Sainz said.

But the legislation as a whole also contains positive language sought by LGBT advocates in the aftermath of “Don’t Ask, Don’t Tell” repeal. Among these provisions is Section 1707 — repeal of the ban on sodomy for gay and straight service members under Article 125 of the Uniform Code of Military Justice. The provision was added by Sen. Mark Udall (D-Colo.).

In its place, the legislation inserts into military code a provision making “unnatural carnal copulation” with another person “by force” subject to a court martial. The provision also reasserts the ban on bestiality in military code.

Although the sodomy ban was rarely enforced for service members engaging in consensual sex in private, it has remained on the books and been used to prosecute troops in combination with additional infractions.

ACLU’s Thompson said the repeal of the sodomy ban is an important step forward to guarantee the liberty of service members — gay and straight — in the aftermath of “Don’t Ask, Don’t Tell” repeal.

“This is a welcome and overdue step forward that respects the liberty and privacy of all service members, and is especially significant for gay and lesbian service members whose intimate relationships, including marriages, were labeled a violation of military criminal law,” Thompson said. “Removing this stigmatizing and discriminatory provision from the Uniform Code of Military Justice advances the promise of equal treatment for all military personnel.”

Additionally, under Section 572, the legislation directs the Pentagon to submit a report to Congress no later than 180 days after the bill is signed into law on personnel policies regarding service members with HIV or Hepatitis B.  The bill directs the Pentagon to include a description of the policies as well as related retention, deployment and disciplinary actions as well as an assessment of whether these policies are evidence-based and medically accurate.

According to the LGBT military group SPART*A, service members become non-deployable once they’re discovered to have HIV; can’t commission as an officer or warrant officer; can’t fly aircraft or work in any jobs requiring a flight physical; are restricted to stateside duty assignments (with the exception of the Navy); and are not eligible for special schools such as Ranger, Special Forces or other special ops jobs.

Thompson said the provision is welcome because it will examine whether the military’s current HIV policy is appropriate or outdated.

“This review is welcome and overdue becausemany of our laws, policies, and regulations regarding HIV were written at a time when we knew far less about the routes and risks of HIV transmission, and prior to the development of effective HIV treatment,” Thompson said.

Another important non-LGBT provision in the defense authorization bill replaces foreign transfer restrictions in  current law to enable President Obama to close the detention facility in Guantanamo Bay. The bill also seeks to aid victims of sexual assault in the military by criminalizing retaliation against victims who report it,  preventing military commanders from overturning jury convictions and protecting victims of sexual assault from abusive treatment during pre-trial proceedings.

The LGBT group Freedom to Work had said insertion of the Employment Non-Discrimination Act into the defense authorization bill could be a viable way to pass the measure. However, prior to ENDA’s passage in the Senate, Senate Majority Leader Harry Reid (D-Nev.) told the Washington Blade such inclusion wasn’t a viable option because he didn’t know if the larger defense bill would pass.

On Thursday, White House Press Secretary Jay Carney issued a statement saying the administration has concerns with certain aspects of the legislation, but supports it overall.

“Although the bill includes a number of provisions that restrict or limit the Defense Department’s ability to align military capabilities and force structure with the President’s strategy and implement certain efficiencies, overall the Administration is pleased with the modifications and improvements contained in the bill that address most of the Administration’s significant objections with earlier versions regarding these issues,” Carney said. “The Administration supports passage of the legislation.”

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National

Trump ends direct HIV prevention funding to community groups

Advocates say transfer of funds to states may disrupt local programs

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The Trump administration will discontinue direct federal funding of community-based organizations that provide HIV prevention services. (Washington Blade file photo by Michael Key)

A decision by the U.S. Office of Management and Budget (OMB) at the request of the Trump administration to discontinue direct federal funding of community-based organizations and clinics that provide HIV prevention services has raised concern among community health advocates, including LGBTQ advocates.

 News surfaced earlier this month that the OMB informed the U.S. Centers for Disease Control and Prevention that it would not renew $46 million in funding for 96 community-based organizations that provide HIV testing, referrals to medical care, and arrangements for obtaining pre-exposure HIV prevention medication known as PrEP that has been shown to be 99 percent effective in preventing HIV infection.

Under the new policy arranged by OMB, the funds will be redirected to the states to be allocated to state and local health departments. The policy calls for states to encourage but not require their respective state and local health departments to allocate some of those funds for community-based organizations. Under the new policy, the funding is scheduled to last until May of 2027, before a renewal decision is made.

Some political observers have speculated that the decision to end direct federal funding to community-based organizations could be motivated by the Trump administration’s hostility to diversity, equity, and inclusion or DEI programs and organizations that promote those programs, with the belief that some of the groups receiving the federal HIV prevention funds are promoting DEI.

Carl Schmid, executive director of the D.C.-based HIV+ Hepatitis Policy Institute, is among the leaders of many AIDS advocacy organizations expressing strong opposition to the OMB action. Schmid said that in places like D.C. and some states, local officials will be willing to redirect the federal funds to local community-based organizations.

A list of the 96 community-based organizations across the country that are currently receiving the federal AIDS funds includes the D.C.-based Whitman-Walker Health, which has a long history of healthcare support for the LGBTQ community, and La Clinica del Pueblo, which reaches out to the Latino community.

 Schmid said Whitman-Walker and La Clinica del Pueblo have longstanding good relationships with the local D.C. government.

“But other states and jurisdictions don’t have that relationship with the community-based organizations,” Schmid said. “It depends on the state,” he said, adding, “Not all states send their money to the communities that really need it most. And not all states are fast in getting money to the community-based organizations.” 

Spokespersons for Whitman-Walker and La Clinica del Pueblo couldn’t immediately be reached for comment on whether they think the Trump administration’s latest action related to funding will adversely impact their respective organizations.  

 Schmid said under the current federal grant program slated to be discontinued, which has been in effect for at least five years, HIV-related health organizations receiving the federal grant funds were eligible for an existing federal policy enabling them to purchase HIV-related medication, including the PrEP prevention medication, at a significant discount from pharmaceutical companies. With the ending of the direct federal HIV funds to community-based organizations, Schmid said it was unclear whether problems may surface in obtaining drug discounts.

“They could still qualify as a sub-grantee from a state,”  Schmid said. “But what if they don’t get that grant again? They would not be able to qualify to obtain the drugs” at the discounted price, he said.

Among the organizations expressing strong concern over the decision to discontinue the direct HIV prevention funding to community-based organizations has been the Federal AIDS Policy Institute and its subgroup called the HIV Prevention Action Coalition.

In a July 22 letter bearing the names of 71 community-based organizations from throughout the country sent to U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. and Centers for Disease Control and Prevention Acting Director Jay Bhattacharya, the group called for the Trump administration to “reconsider” ending the current funding policy.  

 “Ending this program without a clear plan for what comes next would dismantle prevention infrastructure that has taken more than three decades of federal investment to build and do so just as that long record of measurable returns is accelerating,” the letter states.

It says the initiative by President Trump in his first term as president to end the HIV epidemic and reduce new HIV infections by 90 percent by 2030 was moving ahead by the funding program for community-based organizations that the administration now wants to end. 

“Discontinuing this program would also cost far more than it saves,” the letter says. “Every HIV transmission prevented avoids an estimated lifetime treatment cost of roughly half a million dollars per person to the healthcare system – costs that fall heavily on taxpayer-funded programs, including Medicaid, Medicare, and the Ryan White HIV/AIDS program,” the letter continues.

“The choice before the administration is straightforward: a modest, targeted investment in prevention now, or far greater public expense for treatment later,” the letter concludes. 

Spokespersons for the OMB and the Department of Health and Human Services, which oversees the CDC, have not immediately responded to news media requests for comment on the opposition to the funding change policy.

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Germany

We must not scapegoat refugees after Berlin Pride terrorist attack

‘LGBTI people must not be instrumentalized to spread hatred against others.’

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A memorial near the Brandenberg Gate in Berlin on July 27, 2026. (Courtesy photo)

On Saturday, during Berlin’s Christopher Street Day, one of Europe’s biggest LGBTQ Pride events, a 21-year-old religious extremist drove a van into the crowd and then used a knife to stab multiple people. One person died and 29 others were injured.

When I saw this news on social media, I sincerely felt scared, and not because one more bigot used his religion to justify violence against people like me. It has, unfortunately, happened too often. Despite being happy to see the overwhelming support for the queer community and the condemnation of terrorism, I was terrified by the wave of Islamophobic and anti-immigrant statements that came even from “left” and “progressive” people who should know better, who generally support refugees, who know that all people are equal, and that you shouldn’t treat others as less human because of their religion.

In 2020, a Russian MP threatened to start a criminal case against me after I interviewed Muslim women about why they called themselves feminists and wrote about my own relationship with feminism and Islam, mentioning that I was following events in Syria and had read some academic books on the Islamic State. Surprisingly, the MP claimed that I was recruiting women to ISIS by using feminist ideas, which, of course, was absolutely ridiculous for many reasons, including the fact that I was an openly nonbinary transgender person. But some media outlets and queer people online, including those who called themselves progressive, refused to support me or believed the lie. This is what an anti-extremist witchhunt looks like. If I had been in Russia, and not in the UK, I probably would have been in prison.

It is extremely important to oppose extremism by knowing the actual facts about terrorist groups and not starting a moral panic.

Here are four examples of what media coverage and queer people online often misunderstand about the events in Berlin, and why it’s important.

1. Islam is not the problem

Despite a common misunderstanding, this terrorist act wasn’t even about Islam. 

Islam, just like Christianity and Judaism, has a variety of views on LGBTQ rights, from affirmative to condemning. I think everyone in the American Bible Belt has met Christian fundamentalists who praised violence against LGBTQ people or used violence against their own queer children, so it is a universal problem. But the thing is Abdul Ballout was not an ordinary conservative Muslim. He was known for wanting to join ISIS. It is an apocalyptic cult that teaches that we are living in the last era, so they are trying to re-create the caliphate that they believe should be restored before Doomsday. 

Most of the Muslim people I know, including conservative Salafi Muslims, see the group as dangerous criminals, or don’t see the group as a Muslim group at all. The vast majority of ISIS victims are not Western people or queer people, but cisgender heterosexual Muslims in the Middle East and Africa who the group considers to be infidels. ISIS is widely condemned by Muslim communities and scholars, and blaming Islam for the actions of cult members is like blaming Christianity and all Christians — or even all Christian fundamentalists — for the actions of Branch Davidians members or for the mass murder-suicide committed by members of the People’s Temple.

2. Refugees are not the problem — and Germany is not a safe haven for refugees

First, the attacker was a German citizen. But the media continue to blame migration. Germany is seen as a safe haven for refugees and asylum seekers in the U.S., the UK and beyond. But the time when Germany was safe is long gone. For refugees from Russia between 2022 and 2025 alone, around 90 percent of refugee claims have been refused by Germany, including the claims of political prisoners. The situation for non-White Muslim refugees is even worse, especially in regions such as Bavaria.

I have personal experience working with some refugees in Germany who are also Muslim. The way the migration service mistreated them is beyond anything I saw while working with refugees and being a refugee in the UK. I saw cases in Germany where an asylum seeker’s family was threatened back home because of social media posts the asylum seeker had made, or where a person was detained and sent back to their homeland despite having a history of persecution and torture by the government. Very often, when a person is taken by the immigration service, their loved ones don’t know where they are. Queer refugees also report homophobic and transphobic attitudes in the system.

The narrative that Germany is too generous to refugees was created by the far right and has little to do with reality, and it harms actual refugees, including queer refugees, by silencing their voices.

3. There is no collective responsibility

It is an extremely old and dangerous idea.

Just as all gay men shouldn’t be blamed for what the American serial killer Jeffrey Dahmer did just because he was gay; we shouldn’t blame all Muslims, all people of Middle Eastern origin, or any other large demographic group for the crime of one terrorist. Even if the terrorist had been a refugee and a Muslim, it shouldn’t actually matter, because under the law in any modern non-authoritarian country, an individual shouldn’t be held responsible for the actions of their social group.

After all, when a white, Christian, cisgender, heterosexual, neurotypical person commits a crime, it is almost always seen as an individual’s fault. Why is it different for marginalized groups? The idea of collective responsibility harmed the gay community for decades and is harming the trans community right now, for example after Charlie Kirk’s murder. The best thing we can do is stop this narrative, because it will be used against us.

The only reason I explained about ISIS and the refugee experience in Germany is to show how far from reality the popular accusations are.

4. Witch-hunts and scapegoating serve the far-right agenda and are extremely anti-queer

From my own experience, as an openly trans person speaking against Islamophobia, sexism and queerphobia who was accused of supporting the cult that kills queer people, promotes the sexual exploitation of women and sees the majority of Muslims as legitimate targets, I can say for sure that moral panic can go wild.

People who remember the Satanic Panic of the 1980s, or even the attacks on Muslim communities after Sept. 11, should know this.

Now even queer people are attacking refugees and Muslim communities online while the German government is introducing more draconian measures against those groups.

ILGA-Europe, the biggest LGBTQ organization in Europe, made a statement warning against any attempt to weaponize the attack. 

“This tragedy must not be used to fuel hatred against migrants, foreigners or Muslim communities. We reject any attempt by anti-democratic actors to exploit what happened to divide communities, scapegoat minorities or turn one group against another,” Chaber, the group’s executive director, said. “LGBTI people must not be instrumentalized to spread hatred against others, nor should the existence of racism, Islamophobia or anti-migrant hatred be used to minimize the threats faced by LGBTI people. The rights, safety, and dignity of all people must be defended.”

People who live at the intersection of multiple marginalized identities — LGBTQ Muslims, LGBTQ people of color and LGBTQ refugees — will probably suffer the most from this moral panic. Moreover, these are the same political groups that target refugees, Muslim communities and queer people. If this hatred isn’t stopped now, everyone is potentially at risk. 

Condemning terrorism is important, but it is no less important to stop creating more victims.

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Maryland

White House threatens Anne Arundel schools over gender identity policy

District faces possible legal action or loss of federal funding

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The U.S. Education and Justice Departments together determined Anne Arundel County’s school system violated federal student privacy law by withholding information about a student’s gender identity from the child’s parents. (Photo by Ulysses Muñoz for the Baltimore Banner)

By JESSICA CALEFATI | The Trump-Vance administration on Monday threatened to punish Anne Arundel County’s school system with legal action or the loss of federal funding for allegedly withholding information about a student’s gender identity and transition from the child’s parents.

The U.S. Education and Justice Departments together determined that the suburban Maryland district treats students’ gender identities as confidential medical information that cannot be shared with parents, in violation of federal student privacy law, according to a news release. A federal lawsuit filed against the district earlier this month made similar claims.

“As a mother and a grandmother, it is unconscionable that any school district would hide the most sensitive information about children in their care from their own parents,” U.S. Secretary of Education Linda McMahon said in a statement. “This is not only an affront to basic moral principles, but also to parents’ rights under federal law.”

The rest of this article can be read on the Baltimore Banner’s website.

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